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3* LAWS OF NORTH.CAROLINA.'-
A.D.1820. county, his lawful deputy, or any Constable by whom he, she or
they may have been taken, a bond or botuU, payable to tlie par-ty
at wliosc instance the arr.e8t was mude, wilh good and suffici-ent
securities in twice the amount of tlie debt, conditioned for
his appe-ii ance at the next county court, then and there to stand
to and abide by such proceedings as may be had by the court ia
relation to his, her ortbeh- taking the benefit of this act;*and
in case of failure to appear, judgment shall be entered up in-stanter
upon said bond against the p'incipal and his securities,
to be discharged upon the payment of the debt and costs. And
when an execution issues thereon neither of the defendants shall
be entitled to the benefit of this act. Provided, that it' either
of the parties to the said bond shall be desirous to have an issue
made up and f-ubmitted to a jury, a jury shall be immediately
impaftnelled to try such issue, and the plea of won est factum
shall only be received upon the paity making oath ot itw verity.
It debtor is Jind frovided further, tliat if it shall be made to appear satis-prevented
factorily to said court that said debtor or debtors are prevented
tendiug fi cm attending Court by sickness «.r o!her sufficient cause to be
court case judged of by the court, the case ahall be cruitinued over to the
maybe ^ext Court, at which time the same proceedings shall be bad as
if he had appeared at the first teiin. And provided furthe Vy
that if such debtor or debt'^rs shall die in the mean tune it shall
be an absolute disch.arge of said bond or bonds: Provided iiR'
vertheless. that when any debtor or debtors shall be taken as a-furesaid.
within twenty days before Mie sitting of said court,
said bond shall be conditioned for his, her or their appearance ac
the succeeding te.m of the court a.'oresaid.
^^b^'rt'^'
^' -^^ ^if /^f^^/^'^" f"^'c'i?'^j*Tha; upon such debtor or debtors
aliaii be re- tendering sucb bond or bonds it shaij be the duty of such She-leased.
riU", Deputv or Constable, as the case maybe, to release him,;
her or them from confinement or custody; any law, usage or
custom to the contrary r.otwithstanding.
S. Be it further enacted^ That to enable the honest debtor tha
ofay sur- vaove easily to obtain the security required in the first section
iienderhis of this act, it shall be lawful tor the said security, at the court
principarto ^q ^hich the princip-il is bound to appear, to surrender in open
court the said print'pa! in discharge of the security. And for
the purpose of making the surrender the security is hereby au-thorised
to exercise alUhe power which bylaw special bail
hay;' ver their priMfipal-.
4 Be it further enacted. That upon the appearance of such
Otbtor al- debtor or debtorn at the county court aforesaid it shall be lawful
twedto
^j^i |jj^^^ her or them. either in person or by attorney, to move
s«bedale of the court to be admitted to tako the oath prescribed for the re-
Ljs proper- lief of insolvent debtors, f»r to swrar to the schedule previous-
Eke^o'^a^'^f ^y ^'^^ ^^'^'^ *^''^ eleik of said court, agreeably to the provisions
itjwlvency. of this act lierein after contijined ; a-id it sba'l be the duty ot
said court, upon such debco> or "debtors making it appear to
them that at least ten days notice \m been giveu, in writing, to
his, her or their creditors, of the intention to avail him, her cr

3* LAWS OF NORTH.CAROLINA.'-
A.D.1820. county, his lawful deputy, or any Constable by whom he, she or
they may have been taken, a bond or botuU, payable to tlie par-ty
at wliosc instance the arr.e8t was mude, wilh good and suffici-ent
securities in twice the amount of tlie debt, conditioned for
his appe-ii ance at the next county court, then and there to stand
to and abide by such proceedings as may be had by the court ia
relation to his, her ortbeh- taking the benefit of this act;*and
in case of failure to appear, judgment shall be entered up in-stanter
upon said bond against the p'incipal and his securities,
to be discharged upon the payment of the debt and costs. And
when an execution issues thereon neither of the defendants shall
be entitled to the benefit of this act. Provided, that it' either
of the parties to the said bond shall be desirous to have an issue
made up and f-ubmitted to a jury, a jury shall be immediately
impaftnelled to try such issue, and the plea of won est factum
shall only be received upon the paity making oath ot itw verity.
It debtor is Jind frovided further, tliat if it shall be made to appear satis-prevented
factorily to said court that said debtor or debtors are prevented
tendiug fi cm attending Court by sickness «.r o!her sufficient cause to be
court case judged of by the court, the case ahall be cruitinued over to the
maybe ^ext Court, at which time the same proceedings shall be bad as
if he had appeared at the first teiin. And provided furthe Vy
that if such debtor or debt'^rs shall die in the mean tune it shall
be an absolute disch.arge of said bond or bonds: Provided iiR'
vertheless. that when any debtor or debtors shall be taken as a-furesaid.
within twenty days before Mie sitting of said court,
said bond shall be conditioned for his, her or their appearance ac
the succeeding te.m of the court a.'oresaid.
^^b^'rt'^'
^' -^^ ^if /^f^^/^'^" f"^'c'i?'^j*Tha; upon such debtor or debtors
aliaii be re- tendering sucb bond or bonds it shaij be the duty of such She-leased.
riU", Deputv or Constable, as the case maybe, to release him,;
her or them from confinement or custody; any law, usage or
custom to the contrary r.otwithstanding.
S. Be it further enacted^ That to enable the honest debtor tha
ofay sur- vaove easily to obtain the security required in the first section
iienderhis of this act, it shall be lawful tor the said security, at the court
principarto ^q ^hich the princip-il is bound to appear, to surrender in open
court the said print'pa! in discharge of the security. And for
the purpose of making the surrender the security is hereby au-thorised
to exercise alUhe power which bylaw special bail
hay;' ver their priMfipal-.
4 Be it further enacted. That upon the appearance of such
Otbtor al- debtor or debtorn at the county court aforesaid it shall be lawful
twedto
^j^i |jj^^^ her or them. either in person or by attorney, to move
s«bedale of the court to be admitted to tako the oath prescribed for the re-
Ljs proper- lief of insolvent debtors, f»r to swrar to the schedule previous-
Eke^o'^a^'^f ^y ^'^^ ^^'^'^ *^''^ eleik of said court, agreeably to the provisions
itjwlvency. of this act lierein after contijined ; a-id it sba'l be the duty ot
said court, upon such debco> or "debtors making it appear to
them that at least ten days notice \m been giveu, in writing, to
his, her or their creditors, of the intention to avail him, her cr